U.S. Bank National Association v. Saticoy Bay LLC, Series 5526 Moonlight Garden Street

Filing 54

ORDER granting 52 Stipulation. PROF-2013-S3 Legal Title Trust V, by U.S. Bank National Association, as Legal Title Trustee is substituted in place and stead of U.S. Bank National Association (as Legal Title Trustee USROF III Legal Title Trust 2015-1). Signed by Magistrate Judge Carl W. Hoffman on 6/29/2018. (Copies have been distributed pursuant to the NEF - MMM)

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WRIGHT, FINLAY & ZAK, LLP
Dana Jonathan Nitz, Esq.
Nevada Bar No. 0050
Yanxiong Li, Esq.
Nevada Bar No. 12807
7785 West Sahara Avenue, Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
Attorney for Plaintiff, USROF III Legal Title Trust 2015-1, By U.S. Bank National Association,
as Legal Title Trustee

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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USROF III LEGAL TITLE TRUST 2015-1, BY
U.S. BANK NATIONAL ASSOCIATION, AS
LEGAL TITLE TRUSTEE,

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Plaintiff,
vs.

Case No.: 2:16-cv-01346-JCM-CWH

STIPULATION AND ORDER TO
SUBSTITUTE REAL PARTY IN
INTEREST AND AMEND CAPTION

SATICOY BAY LLC, SERIES 5526
MOONLIGHT GARDEN STREET
Defendants.

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Plaintiff, USROF III Legal Title Trust 2015-1, by U.S. Bank National Association, as

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Legal Title Trustee (“Plaintiff” or “U.S. Bank”), and Defendant Saticoy Bay, LLC, Series 5526

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Moonlight Garden Street, (“Defendant” or “Saticoy Bay”), by and through their respective

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attorneys of record, hereby state and stipulate as follows:

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WHEREAS, on June 15, 2016, Plaintiff filed Case No. 2:16-cv-01346-JCM-CWH

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(“Action”) against Saticoy Bay to quiet title to the Subject Property as to the Deed of Trust

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recorded in the official records of the Clark County Recorder’s Office on May 29, 2009 as
Instrument No. 20090529-0006121 (“Subject Deed of Trust”);
WHEREAS, Mortgage Electronic Registration Systems, Inc. (“MERS”) was nominee for
Pulte Mortgage, LLC, the beneficiary of the Subject Deed of Trust pursuant to the terms

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thereunder;
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WHEREAS, on or about October 5, 2011, MERS, solely as nominee for PULTE
MORTGAGE, LLC, assigned the interest in the Subject Deed of Trust to BANK OF AMERICA,

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N.A., SUCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRY

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WIDE HOME LOANS SERVICING, LP via an Assignment of Deed of Trust recorded in the

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official records of the Clark County Recorder’s Office on October 5, 2011, as Instrument No.

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201110050000844;

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WHEREAS, on or about May 28, 2014, BANK OF AMERICA, N.A., SUCESSOR BY

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MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRY WIDE HOME

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LOANS SERVICING, LP, assigned the interest in the Subject Deed of Trust to SECRETARY
OF HOUSING AND URBAN DEVELOPMENT via a Assignment of Deed of Trust recorded in
the official records of the Clark County Recorder’s Office on May 28, 2014, as Instrument No.
20140528-0001679.

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WHEREAS, on or about June 18, 2014, SECRETARY OF HOUSING AND URBAN
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DEVELOPMENT, assigned the interest in the Subject Deed of Trust to U.S. BANK
NATIONAL ASSOCIATION, AS TRUSTEE FOR SROF2013-S3 REMIC TRUST I via a

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Assignment of Deed of Trust recorded in the official records of the Clark County Recorder’s

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Office on June 18, 2014, as Instrument No. 20140618-0000745.

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WHEREAS, on or about October 1, 2015, U.S. BANK NATIONAL ASSOCIATION,

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AS TRUSTEE FOR SROF2013-S3 REMIC TRUST I, assigned the interest in the Subject Deed

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of Trust to U.S.ROF III LEGAL TITLE TRUST 2015-1, BY U.S. BANK NATIONAL

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ASSOCIATION, AS LEGAL TITLE TRUSTEE (“U.S. Bank”) via a Assignment of Deed of

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Trust recorded in the official records of the Clark County Recorder’s Office on October 1, 2015,

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as Instrument No. 20151001-0002824.
WHEREAS, on or about October 21, 2016, U.S. ROF III LEGAL TITLE TRUST 20151, BY U.S. BANK NATIONAL ASSOCIATION, AS LEGAL TITLE TRUSTEE, assigned the

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interest in the Subject Deed of Trust to PROF-2013-S3 LEGAL TITLE TRUST II, BY U.S.
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BANK NATIONAL ASSOCIATION, AS LEGAL TITLE TRUSTEE (“U.S. Bank”) via a

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Page 2 of 5

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Assignment of Deed of Trust recorded in the official records of the Clark County Recorder’s
Office on October 21, 2016, as Instrument No. 20161021-0000962.

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WHEREAS, on or about December 9, 2016, PROF-2013-S3 LEGAL TITLE TRUST II,

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BY U.S. BANK NATIONAL ASSOCIATION, AS LEGAL TITLE TRUSTEE, assigned the

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interest in the Subject Deed of Trust to PROF-2013-S3 LEGAL TITLE TRUST IV, BY U.S.

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BANK NATIONAL ASSOCIATION, AS LEGAL TITLE TRUSTEE (“U.S. Bank”) via a

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Assignment of Deed of Trust recorded in the official records of the Clark County Recorder’s

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Office on December 9, 2016, as Instrument No. 20161209-0000137.
WHEREAS, on or about February 13, 2018, PROF-2013-S3 LEGAL TITLE TRUST IV,

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BY U.S. BANK NATIONAL ASSOCIATION, AS LEGAL TITLE TRUSTEE, assigned the
interest in the Subject Deed of Trust to PROF-2013-S3 LEGAL TITLE TRUST V, BY U.S.
BANK NATIONAL ASSOCIATION, AS LEGAL TITLE TRUSTEE (“U.S. Bank”) via a

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Assignment of Deed of Trust recorded in the official records of the Clark County Recorder’s
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Office on February 13, 2018, as Instrument No. 20180213-0002436.

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WHEREAS, the parties, by and through their undersigned counsels of record, hereby

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stipulate to substitute PROF-2013-S3 LEGAL TITLE TRUST V, BY U.S. BANK NATIONAL

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ASSOCIATION, AS LEGAL TITLE TRUSTEE as the Plaintiff in this action in the place and

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stead of USROF III LEGAL TITLE TRUST 2015-1, BY U.S. BANK NATIONAL

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ASSOCIATION, AS LEGAL TITLE TRUSTEE;

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Page 3 of 5

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IT IS SO STIPULATED AND AGREED:

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DATED: June 26, 2018.

DATED: June 26, 2018.

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WRIGHT, FINLAY & ZAK, LLP

LAW OFFICES OF MICHAEL F. BOHN,
ESQ., LTD

/s/ Yanxiong Li, Esq.
Dana Jonathan Nitz, Esq.
Nevada Bar No. 0050
Yanxiong Li, Esq.
Nevada Bar No. 12807
7785 W. Sahara Ave., Suite 200
Las Vegas, Nevada 89117
Attorneys for Plaintiff, USROF III Legal
Title Trust 2015-1, By U.S. Bank National
Association, as Legal Title Trustee

/s/ Nikoll Nicki, Esq.
Michael F. Bohn, Esq
Nevada Bar No. 1641
Nikoll Nikci, Esq.
Nevada Bar No. 10699
376 East Warm Springs Road, Ste. 140
Las Vegas, Nevada 8919
Attorney for Defendant, Saticoy Bay LLC
Series 5526 Moonlight Garden Street

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LIPSON NEILSON, P.C.
/s/ Karen Kao, Esq.
John William Ebert, Esq.
Nevada Bar No. 2697
Karen Kao, Esq.
Nevada Bar No. 14386
LIPSON NEILSON, P.C.
9900 Covington Cross Drive, Suite 120
Las Vegas, NV 89144
Attorneys for Timber Creek Homeowners’ Association
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Page 4 of 5

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ORDER
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IT IS HEREBY ORDERED that the Plaintiff in this action, . USROF III LEGAL TITLE
TRUST 2015-1, BY U.S. BANK NATIONAL ASSOCIATION, AS LEGAL TITLE

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TRUSTEE, be and hereby is substituted in this action by PROF-2013-S3 LEGAL TITLE

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TRUST V, BY U.S. BANK NATIONAL ASSOCIATION, AS LEGAL TITLE TRUSTEE;

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IT IS FURTHER ORDERED that future pleadings reflect the Plaintiff as PROF-2013-S3

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LEGAL TITLE TRUST V, BY U.S. BANK NATIONAL ASSOCIATION, AS LEGAL TITLE

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TRUSTEE.

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IT IS SO ORDERED.
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Dated

June 28, 2018

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____________________________________
UNITED STATES MAGISTRATE JUDGE

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